CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba

Statement by the Chargé d’affaires a.i. of the Permanente Mission of Cuba at Geneva, Jorge Ferrer, on section 211 of the WTO’s Dispute Settlement Body

July 20, 2009

Chairman:

We have before us the brief status report number eighty presented by the U.S. As it usually happens in their statements, this report provides no information and means nothing for the delegations which have spent more than 7 years waiting for concrete answers in every meeting.

This month, it’s been 4 years of the vague and imprecise Understanding between the European Communities and the U.S., agreed behind Cuba’s back, which does not put any limit to the offender to comply with its obligations and for which the EC committed to not requesting authorization from the DSB to suspend concessions to the U.S. "at this stage," until "the EC at some future date decides to request DSB authorization to suspend concessions...".

This Understanding of July 2005, raised the pressure that existed on the U.S. with the so-called reasonable period of time, enabling the delay for an indefinite time of the compliance with the DSB’s ruling and recommendations.

In the absence of an independent monitoring body in the WTO, responsible for enforcing the recommendations of the Panel and Appellate Body, it is this body the one that oversees the compliance with the rulings. Hence a growing group of countries exercise a right, when at every meeting we demand the U.S. to comply with the rulings and repeal Section 211.

All members have responsibility and all should be concerned about the immutable continuance of cases like this on the agenda.

Chairman,

As we have done on some other occasions, we will inform to the members gathered here what has happened this year with draft legislation bearing relation to Section 211.

During the first half of this year the situation has not changed. In the months of January, March and May, projects were submitted with messages already known, seeking the end of the blockade against Cuba, and consequently the repeal of Section 211. These proposals have not even been the subject of debate, which is a very clear signal that this is not a priority.

It would be worthwhile and a demonstration of respect towards the membership if the delegation of the U.S. could explain the work being undertaken by the Administration with the Congress of this country, referred to again and again in their ambiguous reports and speeches.

Moreover, it is disappointing the fact that in March and June, draft legislation were provided again that seek to mask and perpetuate Section 211 with some cosmetic adjustments which would make it supposedly compatible with Appellate Body’s rulings. It is about projects submitted by anti-Cuban congresspersons and it is surprising that when seeking support, they do so alleging that they believe that "intellectual property rights must be respected."

Chairman,
It is useful remembering that the registers of the HAVANA CLUB trademark by Arechabala, were in force in the U.S. territory until 1973, when this company abandoned the trademark and did not renew it. CUBAEXPORT’s request for the trademark was not a subject of opposition by third parties and it was granted in 1976, giving exclusive rights to this Cuban company.

However, only when there was the strong interest by Bacardí in usurping this Cuban brand of international renown and indisputably associated with Cuba, the congresspersons decided to arbitrarily approve a retroactive legislation that considers illegitimate these intangible assets.

We must remember that the U.S. blockade against Cuba, in which Section 211 is included, constitutes a unilateral sanction of marked extraterritorial character that contravenes fundamental rights and principles of the International Law, such as: national treatment and most favored nation of the WTO Agreements, the independence and equality sovereignty of States, self-determination of peoples, non-intervention, the right to freely dispose of their wealth and natural resources and the right to nationalization. Therefore, the U.S. cannot wait even a single concession or gesture coming from Cuba in exchange for eliminating a policy and arbitrary and illegal legislative monstrosities, repudiated by the entire international community and failed.

Chairman,
To date, Cuba has respected U.S. trademark registers; although most of them are not being used in Cuban territory due to the U.S. blockade itself, and that could have been expired for lack of use under current law. Despite the illegal character of the blockade, Cuba has not adopted laws either that provide the non-recognition of brands originally coming form the U.S.

Finally, once again, Cuba urges the parties involved in this dispute to take immediate steps aimed at the full and unconditional repeal of Section 211 and not at another masked illegality.

Chairman, we hope that in the next meeting of this Body, details are offered, both by the EC and by the U.S., on concrete steps, progress and timetables, as it corresponds to a status report of compliance, in accordance with the Understanding of Dispute Settlement.

Thank you very much. (Cubaminrex- Embacuba Ginebra)

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